Candidates in reserved categories cannot be shifted back to their reserved quota once they secure placement in the general category based on merit.

HARSHIT Digitally signed ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 1302/2015 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/8195/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “For issuance of an appropriate writ, order or direction in the nature of writ of certiorari whereby quashing the Corrigendum dated 28.04.2015 bearing No. DIP/J-657 issued by respondent no. 2 published in daily newspaper in its issue dated 30.04.2015, by virtue of which, the selection of the petitioner as Class-IV employee under Scheduled Caste Category has been cancelled which is patently illegal, arbitrary and contrary to the Rules.

b) For issuance of an appropriate writ, order or direction in the nature of writ of mandamus whereby directing the respondents to appoint the petitioner as Class-IV employee, in view of his selection made by the respondent no.2.

c) For issuance of any other writ, order or direction which this Hon’ble Court may deem fit in the facts and circumstances of HARSHIT Digitally signed the case may please also be issued in favour of the petitioner and against the responents.”

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a) The petitioner Narinder Kumar, aged 26 years, is a citizen of India and a permanent resident of the State of Jammu & Kashmir, duly entitled to all the fundamental, legal and statutory rights enshrined in the Constitution of India as applicable to the State. Having passed his 10+2 qualification, the petitioner was seeking government employment and in response to Advertisement Notification No.DC/Rsi/N/671-78 dated 08.08.2013 issued by the Deputy Commissioner, Reasi inviting applications for Class-IV posts in District Cadre Reasi under the new Recruitment Policy, he submitted his application under the Scheduled Caste Category, enclosing all relevant qualification and category certificates. Being fully eligible, his name was reflected in the shortlist published vide Notification dated 09.03.2015 by the Assistant Commissioner (Revenue), Reasi, at Serial No.7 under the SC category, and he was called HARSHIT Digitally signed for interview scheduled on 26.03.2015 at PWD Dak Bungalow, Reasi. The petitioner appeared before the Interview Committee and claims to have performed satisfactorily, answering almost all questions put to him.

b) Thereafter, a Select List was issued on 27.03.2015 in which the petitioner was shown at Serial No.3 among SC candidates, and consequently, Notification No.DC/Rsi/N/4345 dated 27.03.2015 was issued appointing him as Class-IV employee. The petitioner along with other selected candidates duly submitted his joining within the stipulated period of 21 days as directed. In the meantime, it was found that two candidates belonging to the General Category had not submitted their joining within the prescribed time and accordingly Notification dated 28.04.2015 was issued granting them a final 7 days’ period to comply. While the petitioner was continuously attending his office after having joined, he was shocked to notice Corrigendum No.DIP/J-657 dated 28.04.2015 published in the daily newspaper on 30.04.2015, whereby his selection as Class-IV employee under the SC category was cancelled.

HARSHIT Digitally signed c) The said Corrigendum placed one Mr. Pawan Kumar, who had already figured at Serial No.6 in the General Category having secured 66.62 points, at Serial No.1 under the SC Category. Similarly, another SC candidate was also adjusted back in the SC category despite having been selected in General Category on the basis of merit. According to the petitioner, the action of the respondents in issuing the impugned Corrigendum is wholly arbitrary, illegal and contrary to the settled law that a reserved category candidate who secures higher merit and is selected in General Category cannot be shifted back